had a constitutional majority, the House were to proceed, in the presence of the Senate, to choose by ballot, which was to be continued without interruption by other business until a President was chosen. After commencing the ballot, they were not to adjourn until a choice was made; and the balloting was to be conducted with closed doors. An unsuccessful opposition by the Democratic party was made, to the two last rules, but the report was approved.

On the eleventh of February the votes given by the Electoral Colleges were counted.

From the total result it appeared, that there was an equal vote in favor of Jefferson and Burr. The House returned to their chamber, and commenced balloting. All of the members were present, except two; one absent-another, for whom a bed was prepared in one of the committee-rooms, to whom the ballot-box of the State of Maryland was carried. On the first ballot, eight States, New York, New Jersey, Pennsylvania, Virginia, North Carolina, Georgia, Kentucky and Tennessee, voted for Jefferson. Six-New Hampshire, Massachusetts, Rhode Island, Connecticut, Delaware and South Carolina,* for Burr. Vermont and Maryland gave a divided

vote.

The ballotings were continued throughout the day and night, with short intervals, until noon of the following day, with the same result. The House, exhausted with fatigue, then adjourned to the next day at eleven o'clock, when, one ballot being taken with the same issue, it adjourned until the following day, when four ballots were taken, but with a like termination. The House then separated until the sixteenth of February, when the

* One Federal member. Huger voted for Jefferson.

thirty-fourth ballot gave a similar issue.

It again ad.

journed until the seventeenth; when, after one ballot of the same character, on the thirty-sixth ballot, at one o'clock P. M., the suffrages of ten states elected Jefferson, those of Maryland and Vermont, the federal members from each giving blank ballots, being added to his former vote. The votes of New Hampshire, Massachusetts, Rhode Island and Connecticut were still given to Burr. Bayard of Delaware and the Federalists of South Carolina also cast blank ballots. * †

The course of this procedure is given in a letter

* Jefferson, two days after, in a confidential letter to Madison bears this tribute to the motive of the great body of the Federalists. "Their conduct," (the partisans of Burr) “brought over to us the whole body of the Federalists, who being alarmed with the danger of a dissolution of the government, had been made most anxiously to wish the very administration they had opposed, and to view it, when obtained, as a child of their own. Even Hamilton and Higginson have been zealous partisans for us. This circumstance, with the unbounded confidence which will attach to the new ministry as soon as known, will start us on high ground."

The ballots were previous to the final result:

from Bayard to Hamilton, written soon after this result : *

"Your views in relation to this election differed very little from my own, but I was obliged to yield to a torrent which I perceived might be diverted, but could not be opposed.

"In one case I was willing to take Burr, but I never considered it as a case likely to happen. If by his conduct he had completely forfeited the confidence and friendship of his party, and left himself no resort but the support of the Federalists, there are many considerations which would have induced me to prefer him to Jefferson. But I was enabled soon to discover that he was determined not to shackle himself with Federal principles; and it became evident, that if he got in without being absolutely committed in relation to his own party, that he would be disposed and obliged to play the game of McKean † upon an improved plan and enlarged scale.

"In the origin of the business I had contrived to lay hold of all the doubtful votes in the House, which enabled me, according to views which presented themselves, to protract or terminate the controversy. This arrangement was easily made, from the opinion readily adopted from the consideration, that representing a small state, without resources which could supply the means of self-protection, I should not dare to proceed to any length which would jeopardize the Constitution or the safety of any State.

"When the experiment was fully made, and acknowledged upon all hands to have completely ascertained, that Burr was resolved not to commit himself, and that nothing remained but to appoint a President by law, or leave the government without one, I came out with the most explicit and determined declaration of voting for Jefferson. You cannot well imagine the clamor and vehement invective to which I was subjected for some days. We had several caucuses. All acknowledged that nothing but desperate measures remained, which several were disposed to adopt, and but few were willing openly to disapprove. We broke up each time in confusion and discord, and the manner of the last ballot was arranged, but a few minutes before the ballot was given. Our former harmony, however, has since been restored.

"The public declarations of my intention to vote for Mr. Jefferson,

* Mar. 8, 1801. Hamilton's Works, vi. 522.

† Governor of Pennsylvania.

to which I have alluded, were made without a general consultation, knowing that it would be an easier task to close the breach which I foresaw, when it was the result of an act done without concurrence, than if it had proceeded from one against a decision of the party. Had it not been for a single gentleman from Connecticut, the Eastern States would finally have voted in blank, in the same manner as was done by South Carolina and Delaware; but because he refused, the rest of the delegation refused; and because Connecticut insisted upon continuing the ballot for Burr, New Hampshire, Massachusetts and Rhode Island, refused to depart from their former vote.

"The means existed of electing Burr, but this required his co-operation. By deceiving one man (a great blockhead,) and tempting two, (not incorruptible,) he might have secured a majority of the States. He will never have another chance of being President of the United States; and the little use he has made of the one which has oc curred gives me but an humble opinion of the talents of an unprincipled man."

The respective conduct of Burr and Jefferson during this election, became subjects of much discussion between their respective partisans. As to the former, it cannot be of importance to consider it after the previous narrative.

The course of Jefferson is placed beyond all doubt by evidence wholly irresistible, part of it given under oath, and in direct contradiction of his own recorded statement.* The testimony of Bayard † is full and explicit, that Jefferson was required to give the assurance of his support of the public credit, the maintenance of the naval system, and that subordinate public officers employed only in the execution of details, established by law, should not be removed from office on the ground of

66

* Remarks of James A. Bayard in Senate of U. S. January 31, 1855, vindicating his father.

+ Depositions of James A. Bayard, and of General Samuel Smith, Jeffer son's "personal and political friend." In the contradiction of Jefferson, Edward Livingston, also his friend, concurred.

their political character, nor without complaint against their conduct; that he, Jefferson," the points mentioned" having been "stated to him," authorized the assurance to be given, that these views "corresponded with his views and intentions," and that they "might confide in him accordingly; "that "the opposition of Vermont, Maryland and Delaware was immediately withdrawn, and Jefferson was made President." This statement is confirmed by that of a member * from Maryland, that the Federalists "also received assurances from a source on which they placed reliance, that their wishes with regard to certain points of Federal policy in which they felt a deep interest would be observed, in case Jefferson was elected," and that in consequence of such assurances he was elected.

Gouverneur Morris was supposed to enjoy the confidence of his relative, the member from Vermont, † who finally withdrew. A letter from him to Pickering, ‡ shows, that he also previous to the election, required and obtained from Jefferson, assurances as to his policy.

These statements, corroborated by other facts, render futile every attempt § to controvert the allegation that he consented to adopt the cardinal objects of the Federal policy, and abandoned his opposition to them, as the price of office. Yet, in despite of all these repeated pledges, Jefferson wrote Monroe: "Many attempts have been made to obtain terms and promises from me. I have de

Be as

"George Baehr." John Tyler to Monroe, Feb. 9, 1801. sured that the election depends on one of three persons. Bayard from Delaware-and Craig, and Baehr from Maryland. The former, there are reasonable hopes from; the second, full as good."

Lewis R. Morris.

Life of G. Morris, iii. 249, 250.

§ Madison's comment, Appendix B, to Tucker's Life of Jefferson, ii. 510.